Gauhati High Court
Amran Hussain vs The State Of Assam And 5 Ors on 1 February, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010021802019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/795/2019
AMRAN HUSSAIN
S/O- MD. RAJAB ALLI, ASSTT. TEACHER NANDINIBORI ME MADRASSA,
VILL- BARKURANI, P.O. GAGALMARI, P.S. MAYONG, DIST- MORIGAON,
PIN- 782121
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY
EDUCATION DEPTT., GHY-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY- 19
3:DISTRICT SCRUTINY COMMITTEE
REP. BY DEPUTY COMMISSIONER (CHAIRMAN)
MORIGAON- 782104
4:MANAGING COMMITTEE OF NANDINIBORI ME MADRASSA
UNDER BLOCK MAYONG
MORIGAON
ASSAM
REP. BY MEMBER SECY./HEADMASTER
NANDINIBORI ME MADRASSA
P.O. GAGALMARI
PIN- 782121
5:MD. HIFZUR RAHMAN
HEADMASTER
NANDINIBORI ME MADRASSA
Page No.# 2/4
VILL- NANDINIBORI
P.O. GAGALMARI
P.S. MAYONG
DIST- MORRIGAON
ASSAM
PIN- 782121
6:MD. JALAL UDDIN
PRESIDENT AND ASSTT. TEACHER OF NANDINIBORI ME MADRASSA
S/O- LT ASRAF ALI
VILL- BARKURANI
P.O. GAGALMARI
P.S. MAYONG
DIST- MORIGAON
ASSAM
PIN- 78212
Advocate for the Petitioner : MD. M H CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 01.02.2021 Heard Mr. V. Achumi, learned counsel appearing for the petitioner and Ms. N. Phukan, learned Standing Counsel, Elementary Education for the respondent Nos. 1 and 2. Also heard Mr. B. Deuri, learned Government Advocate, Assam for the respondent No.3; Mr. A.K. Purkayastha, learned counsel for the respondent Nos. 4 and 5 and Mr. J. Ahmed, learned counsel for the respondent No.6.
2) Petitioner is aggrieved as his name was not placed above the respondent No.6 while recommending the names of the teaching and non-teaching staff of Nandinibori Venture M.E. Madrassa, Gagalmari under Mayong Education Block of Morigaon District for provincialisation under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. Said Nandinibori M.E. Madrassa, Gagalmari is a venture educational institution and is yet to be provincialized.
3) To provincialise the services of the teachers of the Venture Educational Institutions as Page No.# 3/4 well as to reorganise and streamline the Educational Institutions up to Degree Level so as to conform to the prevailing statutory norms and standards with a further objective to restrict any further growth of such Venture Educational Institutions in the State of Assam, the State Government in the Education Department brought into force the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017. The said Act was published in the Assam Gazette on 11.04.2017 and by Notification dated 06.05.2017, said Act was given effect from 05.05.2017, except Sections 4 and 8 of the 2017 Act. Said Notification dated 06.05.2017 was published in the Assam Gazette on 05.06.2017.
4) As per the provisions of Section 13(1), there shall be District Scrutiny Committees in each district separately for Elementary, Secondary and for Higher Education to scrutinize service records and other related issues of the serving teachers of Venture Educational Institutions pertaining to provincialisation of their service. Section 13(6) of said 2017 Act provides that the District Scrutiny Committee shall first scrutinize and prepare a list of all Venture Educational Institutions within the district, which are eligible in terms of the provisions of the Act and shall thereafter proceed to scrutinize and verify the service records of all the serving teachers, who are eligible or would become eligible or being considered for provincialisation of their services. The District Committee shall identify a Base School for each category of school and recommend the name of teacher/tutor to be associated against each Base School.
5) Section 14 of said 2017 Act provides that the State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee.
6) It is to be noted herein that a Full Bench of this Court by its Judgment and Order dated 11.11.2014 passed in WP (C) No. 2272/2013 (Abdul Gofur Mondal Vs. State of Assam and others), reported in 2015 (2) GLT 337 by issuing a Writ of Mandamus directed the State Government of Assam to establish Educational Tribunals at the districts to adjudicate disputes relating to the teaching and non-teaching staff of the non-government educational institutions as well as disputes concerning disciplinary action and claim for provincialisation in respect of Page No.# 4/4 teaching and non-teaching staff of venture educational institutions.
7) Further, Section 19(2) of the said 2017 Act clearly provides that to adjudicate the disputes for redressal of grievances relating to the teaching staff of the Non-Government Educational Institutions as well as disputes concerning disciplinary action, genuineness of establishment of school and claim for provincialisation in respect of teaching staff of Venture Educational Institution, there shall be an Educational Tribunal for each district within their respective territorial jurisdiction and the District & Sessions Judges as well as the Additional District & Sessions Judges of each district are designated as Educational Tribunal.
8) On being enquired it is stated that the petitioner has not availed any of the statutory remedies available to him as provided by the said 2017 Act.
9) After hearing the learned counsels for the parties, considering the entire aspect of the matter, the petitioner of directed to approach the appropriate authority as provided under Sections 14 and 19(2) of the said 2017 Act for redressal of his grievances.
10) Interim order passed earlier on 06.02.2019 accordingly stands vacated.
11) With the above observation and direction this petition stands disposed of.
JUDGE Comparing Assistant